To determine its validity, ensure it meets the following criteria:
- It must be in the current prescribed format. Check Form 6A here: Assured tenancy forms – GOV.UK (www.gov.uk)
- It should be delivered as a hard copy unless your Tenancy Agreement specifies other acceptable methods (such as email).
- It cannot be served within the first four months of your Tenancy.
- It must expire after the fixed term of your Tenancy.
- It should provide at least two months’ notice (or longer, depending on your Tenancy Agreement). Pay close attention to the date of receipt and the expiry date.
Additionally, your landlord must have provided you with the following documents before issuing the Section 21 Notice:
- A copy of the “How to Rent: The Checklist for Renting in England” booklet. It must be the version that was current at the time of provision, and it should have been given as a hard copy unless you consented to an electronic version.
- An Energy Performance Certificate that was valid when it was issued.
- If there is a gas supply to the property, valid Gas Safety Certificates from the start of your Tenancy Agreement and at the time the Notice was served.
- If you paid a Deposit that remains unreturned (or has not been applied toward rent with your agreement), you must have received the Prescribed Information as required by The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 within 30 days of paying the Deposit, and the Deposit must have been protected in an authorized scheme within the same timeframe.
Also, consider the following:
- Check if your landlord requires a property license. Your local authority can provide information on whether a House in Multiple Occupation (HMO) or Selective license is necessary, so be sure to check their website. A landlord without the proper license cannot serve a valid Section 21 Notice while they are unlicensed (or their license application is pending).
- If you have raised concerns about disrepair, the Notice may be deemed invalid.
